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COLWELL v. STATE

No. S06A0296.

627 S.E.2d 2 (2006)

280 Ga. 291

COLWELL v. The STATE.

Supreme Court of Georgia.

February 27, 2006.

Attorney(s) appearing for the Case

Eric Darrell Hearn, Ronald Jeffrey Ellington, Virgil L. Brown & Associates, Zebulon, for Appellant.

Scott L. Ballard, Dist. Atty., Cindy L. Spindler, Asst. Dist. Atty., for Appellee.

J. Tom Morgan, Balch & Bingham, LLP, Atlanta, amicus curiae.

It appearing that the writ of certiorari in this case was improvidently granted, the grant of certiorari in Case No. S05C1576 is hereby vacated, and the appeal in S06A0296 is dismissed.

All the Justices concur, except SEARS, C. J., HUNSTEIN, P. J., and MELTON, J., who dissent.

SEARS, Chief Justice, dissenting.

After learning that the indictment in this case was undeniably tainted by the active participation...

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